woody60707
Deity
If you stay under the threshold (.05 now in Ontario) I don't see the problem from a theoretical standpoint. In practice, it's an unnecessary risk.
CRAP! .05? Whats that? a beer?
If you stay under the threshold (.05 now in Ontario) I don't see the problem from a theoretical standpoint. In practice, it's an unnecessary risk.
If the key is in the ignition, its a DUI.
I realize this is the law, and it may just be me but it seems that in order to get a DUI, by strict use of the first letter of the acronym, one should have to be actually driving, not simply have the keys in the ignition.
Having the keys in the ignition is by legal defintion 'operation of the vehicle'...thats why its possible DUI.
Well, from my understanding of it you can do that (although it varies state by state). The only restriction on the open container is that it not be where the driver could be drinking out of it (i.e. arms reach). An open container, say in a cooler in the trunk of a car should be ok to transport said open container.
If the key is in the ignition, its a DUI.
Lets not be silly.
I would say citation needed on the rental thing.
Why do you assume he is being accurate in this description?
Like some references to examples because it seems you're missing something.
This is to both of you:
I was arrested for DUI slightly after midnight on new years day.
Part of my sentencing was going to a lot of DUI classes.
The teacher gave me (and everyone else) his number and said to call him if there are any questions. I'll give it to you if you are interested.
Keys in the ignition has nothing to do with it, if you are in the car with the keys on you - DUI.
It doesn't matter if it is in the trunk and at the bottom of a cooler, if the cop doesn't like you, even if you are 100% sober - DUI.
Cop comes to your rented house and you answer the door while your car is out front? - DUI
I'll seriously pm you the guys number if you don't believe me.
Let me know if you want it.
That won't bring the victims back.
CRAP! .05? Whats that? a beer?
MB: I called the guy.
He says "If you are in possession of the keys while drunk and the police officer reasons that you can make it to your car on foot before sobering up any where, but your owned home then you are in possession of the vehicle while drunk as such, you can be arrested for DUI"
He later added "If you are in a dive bar that has a lot of fights and the cops come often, give your keys to a friend when they get their and have him give you his. Sometimes they run everyone's plates and check your keys and try to arrest as many people as they can in that bar for being such a hassle. Unless the bar is a hassle they will rarely shake everyone down, it is bad for their image, though legally they have the right. Same with a home if the owner or renter lets them into their home"
*Would be nice to have the statute he is referring to in order to see if he himself is making a correct assumption.
**Btw, your earlier comment is incorrect by this standard, in that possession of your keys means on your person, not necessarily just in your house.
***And it takes more than 'possession' of your vehicle to get charged...I am sure he meant 'operation' not 'possession'.
A dive bar isnt someones home. Also, that makes no sense at all. ****I could always make the arguement that I could call a cab to take me home if drunk, even with the keys in my pocket.
Better to stop there from being victims in the first place. Saving lives makes DUI laws worth it.It will stop there from being more of them.
* It is the regular DUI laws of Nevada, if you are in control of the vehicle. According to judges keys = control.
** It is assumed that you own everything in your house unless you claim it is stolen or belongs to someone else. If the car is registered in your name, as far as the state is concerned it is yours.
*** No he didn't, I asked him a lot of questions in class because I though that the idea of being arrested in your own home is the biggest bull ever. He was very specific.
**** Yeah, you could make the argument, but the fact of the matter is you are legally drunk and you are the sole person in control of whether or not that vehicle is moving or not, at any moment you could drive if you so pleased. - Your goin to jail.
P.S.
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(702) 633-1130 - North Las Vegas Municipal Court House.
Call and ask for the DUI class teacher if you don't believe me.
IIRC it is only open Tuesday - Friday.
So if you live in Nevada, and have your house keys on the same keyring as your car keys, it's illegal to get drunk?
I think Elta backs his claims up well enough.
Citing the relevant law or court precedent would be better of course, but a cop's opinion on how he enforces the law is pretty solid.